Acórdão nº 0057871 de Supremo Tribunal Administrativo (Portugal), 26 de Maio de 1992 (caso None)
| Magistrado Responsável | JOAQUIM DIAS |
| Data da Resolução | 26 de Maio de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÂO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N2 ART808.
Jurisprudência Nacional: AC STJ DE 1985/05/02 IN BMJ N347 PAG375.
Sumário: I - As expressões "deixar de cumprir" e "não cumprimento" são sinónimos de incumprimento em sentido estrito, isto é, referem-se ao incumprimento definitivo do contrato, com exclusão, da simples mora. II - A restituição do sinal é um efeito da resolução do contrato, a qual supõe o incumprimento definitivo da obrigação. III - À declaração categórica e antecipada de recusa de cumprimento devem equiparar-se aquelas situações das quais se deduza inequivocamente a vontade do devedor em não cumprir , como quando aliena, a outrém , a coisa prometida vender ou quando permanece inerte em...
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